A. V.M. Mangalika Abayagunasekera vs Anestus Perera alias Saman Perera – CA NO.137/98-2014

In the case between A. V. M. Mangalika Abayagunasekera (Plaintiff-Appellant) and Anestus Perera alias Saman Perera, Hewapathirannahalge Emalin (deceased), and H.P. Sumithra Malkanthi (Substituted Defendant-Respondent), the court addressed the issue of whether deed No. 1449 (P3), relied on by the plaintiff to claim land, constituted a genuine transfer or served only as security for a loan (i.e., a mortgage). It was held that the evidence, particularly the disparity between the stated consideration and the actual value of the land, supported the finding that P3 did not effect a valid transfer. The principle reaffirmed was that inadequate consideration and surrounding circumstances could justify treating a deed as voidable. Reliance was placed on valuation reports, expert testimony, and statu